DCIT, CHENNAI V. Sri Lakshmi Saraswathy Textiles (Arni) Ltd., CHENNAI

ITA 809/CHNY/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77335 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2014
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 09-06-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 03-04-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GURU BHASHYAM IRS
• Section: 154

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , !' , # $! % BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER ./ I.T.A. NO.809/MDS/2014 ( / ASSESSMENT YEAR : 2003-2004) THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE VI(4) CHENNAI 600 034. ( '& /APPELLANT) VS M/S. SRI LAKSHMI SARASWATHY TEXTILES (ARNI) LTD, NO.16, KRISHNAMA ROAD, NUNGAMBAKKAM, CHENNAI 600 034. [PAN: AABCS2312M] ( '('& /RESPONDENT) / APPELLANT BY : SHRI. GURU BHASHYAM, IRS, JCIT. / RESPONDENT BY : SHRI. PHILIP GEORGE, ADVOCATE /DATE OF HEARING : 09.06.2014 /DATE OF PRONOUNCEMENT : 09.06.2014. $) / O R D E R PER DR. O.K. NARAYANAN, VICE PRESIDENT THIS APPEAL FILED BY THE REVENUE RELATES TO ASSES SMENT YEAR 2003-2004. THIS APPEAL IS DIRECTED AGAINST TH E ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-VI AT CHEN NAI, ON I.T.A.NO.809/MDS/2014 :- 2 -: 19.12.2013. THE COMMISSIONER OF INCOME TAX (APPEAL S) HAS PASSED THE ORDER U/S. 154 OF THE INCOME TAX ACT, 1961. TH E ASSESSMENT IN THIS CASE WAS COMPLETED U/S. 143. 2. THE ONLY GROUND RAISED BY THE REVENUE IN THE PRESE NT APPEAL IS THAT COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN DIRECTING THE ASSESSING OFFICER TO RECOMPUTE THE DEDUCTION U/S. 8 0HHC WITHOUT APPLICATION OF ELIGIBILITY CONDITIONS IN THE 3 RD AND 4 TH PROVISION TO SEC.80HHC(3). IT IS THE CONTENTION OF THE REVENUE THAT THE DECISION OF HONBLE GUJARAT HIGH COURT, RENDERED IN THE CASE OF M/S. AVANI EXPORTS AND OTHERS 348 ITR 391 HAS NOT BECOME FINAL AND AN APPEAL HAS BEEN FILED BEFORE THE HONBLE SUPREME COURT. THE SAID C OMMISSIONER OF INCOME TAX (APPEALS) OUGHT NOT TO HAVE GIVEN RELIEF TO THE ASSESSEE RELYING ON THE SAID DECISION. 3. WE FIND THAT THE COMMISSIONER OF INCOME TAX (APPEA LS) HAS RIGHTLY FOLLOWED THE JUDGMENT OF THE HONBLE GUJARA T HIGH COURT RENDERED IN THE CASE OF M/S. AVANI EXPORTS 348 ITR 391. 4. REGARDING EXACT COMPUTATION OF THE QUANTUM OF DEDUC TION AVAILABLE TO THE ASSESSEE U/S. 80HHC, WE FIND THAT IT IS NECESSARY THAT FILE SHOULD GO BACK TO THE ASSESSING AUTHORITY. TH E ASSESSING OFFICER IS I.T.A.NO.809/MDS/2014 :- 3 -: DIRECTED TO RECOMPUTE DEDUCTION IN THE LIGHT OF THE DECISION RENDERED IN THE CASE OF M/S. AVANI EXPORTS AND OTHERS. 5. IN RESULT, THE CASE IS REMANDED TO THE ASSESSING AU THORITY AND APPEAL IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON MONDAY, THE 9 TH OF JUNE, 2014 AT CHENNAI. SD/- SD/- ( !' ) (VIKAS AWASTHY) # $! / JUDICIAL MEMBER ( . . . ) (DR. O.K. NARAYANAN) / VICE PRESIDENT DATED:9 TH JUNE, 2014. K.V !' #$ %$ /COPY TO: 1. & APPELLANT 2. / RESPONDENT 3. ' ( )/CIT(A) 4. ' /CIT 5. $() * /DR 6. )+ , /GF. I.T.A.NO.809/MDS/2014 :- 4 -: